Robinson v. Crotwell Bros. Lumber Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William; Jackson. Bill by the Crotwell Brothers Lumber Company against Tom. F. Robinson and others to enforce a material-man’s lien. Judgment for complainants and respondents appeal.
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Appeal from Bessemer City Court. Heard before Hon. William; Jackson. Bill by the Crotwell Brothers Lumber Company against Tom. F. Robinson and others to enforce a material-man’s lien. Judgment for complainants and respondents appeal. The allegation of the bill and tbe statement filed as to the time of its filing were subject to demurrer. — Kelly v. Kellog, 17 111. 477; Beemont v. Trenton Go., 32 N. J. L. 513; Phillips ■on Mechanics’ Liens, sec. 27. The exhibits' and the notice render the bill fatally defective when considered in connection with the prayer. — Oook & Co. v. Borne B. Co., 12 So.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the ■appellee to enforce a material-man’s lien on a building owned by said respondent Robinson, which had been ■erected by Fred. Jay, contractor. The assignments of •error relate to the action of the court in overruling demurrer to the original bill.
The first insistence is that the bill does not allege, nor do the exhibits show, that the materials furnished were used in the building described. The third section •of the amended bill alleges that the material was furnished for the building. This court has said that: “In actions by which it is sought to declare…
2Cases cited7 opinions
- Cook v. Rome Brick Co.Supreme Court of Alabama · 1893
- Cocciola v. Wood-Dickerson Supply Co.Supreme Court of Alabama · 1902
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893
- Montgomery Iron Works v. DormanSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Emanuel v. Underwood Coal & Supply Co.Supreme Court of Alabama · 1943
- Fowler v. MacKentepeSupreme Court of Alabama · 1937
- Ingram v. HowardSupreme Court of Alabama · 1930
- Howell v. Hallett Manufacturing Co.Supreme Court of Alabama · 1965
5 more not listed; retrieve them via the Exa API.